1.1 This page sets out the terms and conditions upon which Rhys Nathan Hall T/As FaxSalad (Hereinafter known as 'FaxSalad, We, Our, Us') will provide services to its customers (Hereinafter known as 'The Customer/'s, User, You, Your'). The Terms and Conditions agreed to form an agreement which create important legal rights and obligations upon FaxSalad, as well as The Customer. By registering with the FaxSalad website or by using any service offered by FaxSalad, the Customer will be asked to expressly agree to these Terms and Conditions.
1.2 FaxSalad reserves the right to change the Terms and Conditions at any time without prior notice. All current terms and conditions for FaxSalad services will be available on the FaxSalad Website.
1.3 FaxSalad will post notice of any changes to the Terms and Conditions online. Customers are responsible for ensuring they read all updates to Terms and Conditions.
In FaxSalad's Terms and Conditions, the following words and phrases have the following meanings.
2.1 Services refer to any service provided by FaxSalad, including but not limited to inbound and outbound facsimile transmission online, via email or via mobile phone, provision of fax numbers, and porting of fax numbers.
2.2 Fees mean: (i) any fees or charges as set out on our website and/or promotional material which may be updated from time to time with or without notice. (ii) any fees or charges as agreed to by the Customer and FaxSalad for any other services FaxSalad provides.
2.3 Support or Support Services refer to the support provided by FaxSalad to use its available Services, otherwise as described on the FaxSalad website.
2.4 Business Day refers to any day that FaxSalad provides Support to the Customer, usually Monday to Friday 9:00am to 5:00pm AEST unless deemed a public holiday in the state of Victoria, or for circumstances where Force Majeure applies.
2.5 Commencement Date refers to the date at which the Customer setup a FaxSalad account and agrees to the Terms and Conditions set out herein.
2.6 Force Majeure refers to any event outside the control of FaxSalad that may affect FaxSalad's ability to provide the Services described on our website/or promotional material. Such events may include but are not limited to acts of God, acts of war or terrorism, civil unreset, sabotage, or industrial action.
2.7 Content refers to any images, text, data or other information that You send and receive through FaxSalad's services.
2.8 System Maintenance refers to any period of time where FaxSalad may be inaccessible due to maintenance, upgrade or technical issue resolution.
2.9 Porting refers to the transfer of ownership of a phone or fax number from one carrier to another.
3.1 Unless expressly stated otherwise
(a) words in the singular number include the plural and vice versa;
(b) words implying a gender include any other gender;
(c) a reference to a person includes bodies corporate and unincorporated associations and partnerships;
(d) where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or phrase have corresponding meanings;
(e) a reference to a party includes its successors and assigns (where permitted);
(f) a reference to any schedule includes a reference to any part of that schedule which is incorporated by reference;
(g) the recitals to this Agreement do not form part of the Agreement;
(h) any references to GST, refers to the statutory rate of Goods and Services Tax (GST) in Australia currently 10%
3.2 If any term, covenant, clause or condition of this Agreement, or the application of it to any person or circumstance, is deemed to be invalid or unenforceable, the remaining terms, covenants and conditions will not be affected and will be valid and enforceable.
To register for an account on the FaxSalad website you must be over the age of 18; by expressly agreeing to these Terms and Conditions or by Using the FaxSalad website you are confirming that you are at least 18 years of age.
4.1 Registration is completed in two steps:
(a) by signing up through the FaxSalad website followed by;
(b) verification of your email address via the link provided in the email FaxSalad will send to you. You are bound to these Terms and Conditions following the completion of step 1.
4.2 By registering with FaxSalad you agree that:
(a) You assume full financial responsibility for your use of any FaxSalad service, including the use of Your account by any others.
(b) You must not allow others to use your account without express permission to do so.
(c) You must not use any other persons account to use FaxSalad services without their express permission to do so.
(d) You must notify us in writing immediately if you become aware of any unauthorized use of your account.
(e) You must not resell the use of the Services. You may be an individual or a corporation but the services remain personal to you.
If you use the FaxSalad website or expressly agree to these Terms and Conditions on behalf of a business or other organisation project, then by doing so you bind both:
(a) Yourself; and
(b) The person, or legal entity the business or organisational project.
Sending unsolicited fax marketing is restricted in the United States, (specifically using 'any telephone facsimile machine, computer, or other device to send an unsolicited advertisement to a telephone facsimile machine') under the Federal Telephone Consumer Protection Act of 1991 (TCPA), in the European Union under the Privacy and Electronic Communications Regulations 2003, and in Australia under the Fax Marketing Industry Standard 2011.
6.1 Receiving unsolicited faxes
If you believe you are receiving unsolicited marketing faxes, please:
(a) 'Unsubscribe' from the faxes using the fax, phone or email contact information contained on the fax.
(b) If the fax does not contain contact information to unsubscribe, please notify FaxSalad using the form on Our contact page.
(c) If you believe that a FaxSalad fax number is being used for the transmission of unsolicited marketing faxes, please notify FaxSalad using the contact form on Our contact page.
7.1 The Customer agrees not to use the Service for any other purpose than that for which it is intended.
7.2 The Customer warrants that the content of their sent messages will not infringe the copyright or other intellectual property rights of another person. The customer must not disseminate through the Services any content that is:
(a) abusive, harassing or obscene,
(c) illegal in Australia, the United States and the User's country of origin,
(d) illegal in any country to which the dissemination occurs, or,
(e) defamatory or offensive.
7.3 FaxSalad may suspend access to the Services for a particular period or may terminate the Agreement immediately upon giving notice if The Customer uses the Service:
(a) unlawfully; or
(b) in contravention of a relevant industry or government code: and or
(c) which breaches Item 7.2 above.
7.4 It is the responsibility of The Customer to safeguard their login details, email identity and FaxSalad Allowed Senders'. FaxSalad accepts no responsibility for fraudulent access to the Customers FaxSalad online account.
8.1 The fax number/s issued by FaxSalad are owned by FaxSalad and/or its related entities during the time The Customer has a service with FaxSalad.
8.2 Should The Customer request to cancel their FaxSalad service and keep the fax number, any fax numbers that was supplied by FaxSalad requires FaxSalad's express consent to be ported away. Any fax numbers which were originally ported to FaxSalad by The Customer can be ported away.
8.3 In the event that The Customer, requests to cancel their ported in fax number, and does not wish to port away the fax number/s, FaxSalad may keep this number for future release to other customers.
8.4 On fax number cancellation, The Customer can reclaim the number for up to 7 days of the date of cancellation. Following which; the fax number will undergo a period of recycling and testing in preparation of being released back to the market. FaxSalad take no responsibility for any damages caused by number re-assignment.
8.5 In the event that The Customer requires a fax number to be reclaimed, where the number is still available, the billing cycle for the fax number will be restarted and The Customer will be required to pay the fax number's monthly fee as per the rates associated with their account.
9.1 This agreement is valid upon the commencement date and can be terminated at any time by either party by providing notice in writing.
9.2 If We reasonably consider Your use of any of Our services is unreasonable or deceitful, we may, at our sole discretion, without telling you before we do so:
(a) suspend or limit the Service (or any feature of it) in accordance with Our Agreement with You; and/or (b) terminate the Service in accordance with Our Agreement with You.
FaxSalad allows the transfer of ownership of numbers from other providers (porting in) to FaxSalad and also the transfer of FaxSalad numbers to another provider (porting away).
10.1 FaxSalad charges a port in fee to transfer a number from another provider to FaxSalad. This amount will be advised prior to proceeding with the porting request. The fee may be waived as a part of any promotion or FaxSalad billing plan. No initial port in fee is charged for number within the United States.
10.2 Any charges incurred from other providers, including Our own provider, as a result of incorrect, inaccurate or incomplete information will be passed onto the Customer.
10.3 The Customer is responsible for making FaxSalad aware of their intent to port away a fax number. By failing to do so; FaxSalad may reject any port away requests from any external service provider.
10.4 A once off $50 port away fee will apply to any fax number that was ported into FaxSalad within two months prior to the port away request. After the two month period, a fax number can be ported away at no cost.
10.5 The Customer is required to continue paying for the fax number right up until the port away date. If the billing cycle for the fax number resets during the port away process, The Customer will be required to pay for the next months cycle. FaxSalad may elect to charge for the next month in advance once the porting request is made.
10.6 FaxSalad has the right to deny, block or cancel any port away requests for any fax number with outstanding payments by The Customer. In such event, The Customer will be alerted as to why the port away request was rejected.
11.1 All fax media is available within The Customers secure online account for a period of up to 3 months. After such time, this media is permanently removed and can not be retrieved.
11.2 FaxSalad will display sent and receive fax history within the Customers secure online account for the duration of The Customers Agreement with Us.
11.3 The Customer agrees that they are solely responsible for implementing their own procedures to satisfy their own requirements for accuracy of information management, archive and backup of faxes sent and received via FaxSalad. In the event that The Customer fails to manage the information, FaxSalad does not guarantee that the lost information can be recovered.
11.4 In the event that The Customer requires the recovery of information, if the information is recoverable, fees and charges will apply. Contact FaxSalad for relevant quotes.
12.1 FaxSalad will provide Support Services during usual business hours between 9am - 5pm AEST on business days.
12.2 Support Services will be provided via website and email.
12.3 Free Support Services are limited to 'how to' questions. Other Support Services may attract fees. At all times The Customer will be notified to any fees being charged to The Customer.
12.4 When it is reasonably practicable under the circumstances, FaxSalad will provide The Customer prior notice of any system maintenance time, the time of its commencement, and likely duration.
12.5 In the event of any service outage, FaxSalad will restore the Services as soon as is reasonably practicable.
12.6 The Customer acknowledges that it is impossible to maintain flawless security, but FaxSalad will take reasonable steps to prevent security breaches in FaxSalad services.
13.1 All prices are displayed in both USD and AUD depending on the users location. Any price in AUD are exclusive of the statutory rate of Goods and Services Tax (GST) in Australia, currently 10%, unless otherwise stated. Fax credit send/receive/number rates are inclusive of GST.
13.2 Pricing may change at any time without any prior notice. Any changes to pricing will occur on future charges, not retrospectively (previous charges). Any pricing changes will be posted online.
13.3 FaxSalad fax plans must be prepaid using a credit card or PayPal via the Customers online account.
13.4 All FaxSalad postpaid services incur standard payment terms of 30 days from the date of invoice. A late fee will apply to invoices not paid within these terms. The Customer agrees to pay all late fees applied on the Customer's overdue accounts. In the event that the Customer's account remains unpaid and is forwarded to our debt collection agency, the Customer agrees to pay all costs associated with the debt collection.
13.5 Failure to process automatic online credit card or PayPal payments for any FaxSalad fax plans will result in service deactivation and/or cancellation following the second failed attempt to successfully process payment.
13.6 In the event that a FaxSalad fax number is cancelled, by any means through request, failure to make payment or otherwise, FaxSalad does not guarantee that the same fax number will be available for reactivation, nor do they guarantee they will continue collecting any faxes sent to the cancelled fax number. See item 8 for details on number ownership and cancellation.
13.7 FaxSalad accepts credit card and PayPal payment for services provides.
(a) Credit card payments are accepted using Visa, MasterCard and American Express. For payments made using American Express a 2.5% surcharge applies to the amount being processed. When payments are accepted via our website online credit card processing facilities, all online transactions are processed via a secure site.
(b) FaxSalad will at no time ask you to provide credit card or PayPal details via email.
13.8 Chargebacks: incorrectly initiated chargebacks by the Customer will incur a $55 administration fee per chargeback. This fee applies to chargeback claims initiated by the Customer which are incorrectly requested by the Customer for goods or services provided by FaxSalad. The Customer must pay for the goods or services previously provided plus the above administration fee. This applies but is not limited to for example where the customer requires a refund for an overcharge or any other billing dispute but fails to raise this with FaxSalad and initiates a chargeback.
14.1 In the event that The Customer has a change of mind, incorrectly purchases or no longer requires the FaxSalad service/s, the following policies for refund apply:
(a) FaxSalad prepaid credit - No refund will apply to any portion of prepaid credit. Prepaid credits are non-transferable between accounts.
(b) Monthly FaxSalad fax plans - No refund will apply to any initial setup fee, previous or current months' fax service.
(c) Quarterly and Annual FaxSalad fax plans - On request, all future remaining prepaid months of the FaxSalad fax plan will be refunded to the originating credit card or PayPal account. No refund will apply to any initial setup fee, previous or current months' fax service.
14.2 In the event that the automatic top up feature is activated on a FaxSalad account and the Customer's account is automatically topped up, no refund will apply. Automatic top up can be disabled from the Customer's account and is the responsibility of the Customer to manage.
14.3 Where a refund is applicable, FaxSalad will refund any amounts to the originating credit card or PayPal account used.
15.1 FaxSalad shall not disclose to third parties no use for any purpose other than for the proper fulfillment of the purpose of this Agreement any information or content received from The Customer in whatever form under or in connection with this Agreement without the prior written permission of The Customer.
15.2The above mentioned limitations shall not apply to information which:
(a) was in the possession of FaxSalad prior to disclosure hereunder as proven by the written records of FaxSalad; or (b) was in the public domain at the time of disclosure or later became part of the public domain without breach of the confidentiality obligations herein contained; or (c) was disclosed by a third party without breach of any obligation of confidentiality owed to The Customer; or (d) was independently developed by personnel of FaxSalad.
15.3 Where reasonably possible, FaxSalad will ensure all personal customer information, account data and credit card and PayPal details are kept in a secure location.
15.4 All information will be kept confidential to the best of our ability; however, due to the nature of online communication we cannot guarantee the security of transmissions which occur beyond our security control limitations. Messages are securely delivered to gateways for delivery by suppliers agreeing to the Privacy Act 1988 (Cth), as amended and the Australian Privacy Principles (APP's), personal information is not shared with third parties for marketing or trading purposes and will only be provided to internal companies associated with FaxSalad on a need to know basis.
FaxSalad reserves the right to modify or discontinue any of the Services with or without notice to you. FaxSalad shall not be held liable to you or any third party should any modification to Services affect your usage of the Services.
17.1 FaxSalad reserves the right to modify any term of this Agreement. Notification of any modification will be posted within online, within the Services or via Email Notification.
17.2 If the Customer does not agree to be bound by any modification, The Customer may by written notice to FaxSalad, terminate this Agreement before the notified modifications take effect.